How to Win at the Appeals Council

[@kimcooks8085]

Those Judges are not Doctors. Pisses me off going in front of a person who's not a medical expert and doesn't consider what the Doctors recommend.

[@hydrangeaism]

It seems truly pretentious that any ALJ feels entitled to dismiss, deny, or overlook professional testimony in the hearing and objective documentation by a claimant's MDs,THEIR Q.E.'s and (paid by SSA taxpayer's money for expert testimony) VE's- as if they're all-knowing entities. It makes no sense to me how terribly the system denies those who've paid into it from their first paycheck to their last.

[@whydotheathensrage]

Exactly, they are neither judges or doctors, in my brief experience, they are qualified as circus clown's. 🤡

[@dawnmontgomery73]

Hello Mr. Ginsberg, I just wanted to write and tell you that your videos were such a help to me during my SSDI fight. After 2 1/2 yrs and finally ending up in front of an administrative law judge, I got my approval :) not only did your videos give me the advice I needed they also gave me comfort knowing that I wasn't alone in this battle. About halfway through I was ready to throw in the towel when I stumbled across your videos. That first video gave me the spark I needed to decide I was going to fight for what was mine. Thank you so much from the bottom of my heart!!!

[@ssdattorney]

Dawn, thanks for the kind words - made my day. Congrats on the approval.

[@hydrangeaism]

Do you also have Jonathan's intro tune emblazoned on your mind- and with gratitude? I most certainly do-!

[@mr.leavell8285]

You gotta fight for what you desire, but truthfulness is key.

[@WeatherOhio]

Just received my denial from the ALJ. In his decision he listed 5 severe impairments and said the impairments limit my ability to do basic work. He also stated that the impairments could reasonable cause the symptoms I described at the hearing. However, he did not address all of my impairments at my hearing, and he omitted several key facts, including the testimony from the VE that said the number of absences I would have would not be tolerated by employers. Would it be reasonable to appeal to the appeals council based on this information? Thanks.

[@lisabaubeau8673]

My Lawyer said we should have won. My doctor told me to try and get out of the house and stop being a shut in. I have PTSD, severe anxiety and severe depression. She told me to go when there isn't a lot of people at a casino and try that. I did and for only 15 minutes and I had to leave because I had a panic attack. The doctor put in my record that I went but didn't put in the time I was there and that she told me to go. The judge focused on the casino and that was it. Even tho it was said there are zero jobs I can do. Now I'm waiting to see if I have to go back before the same judge again. This I feel is a waste of money and time. I'm 49 years old and haven't worked since 2017. I have paid into my SS and it's like pulling teeth just to get my money back.

[@noahtheviking1]

same hear my judge took the decision upon himself and denied my case anyway saying that I was ok even though I have 8 years worth of evidence actually thats what my lawer said.

[@johnboy9769]

I had my hearing nov 28th i got denied i had a lawyer i meet a listing i had two rfc from my dr i had a letter from my last employer 2 mris proving my claim i also had physical therapy behind me saying they couldn't help me even had a letter from my last employer saying she gave me many extra breaks let me sit and even lay in my truck due to pain and anxiety attacks and depression. Im still waiting for the paper work from the judge. I read some of it in a email the judge put thing i didn't say she said i walked my three dogs i didn't say that i said i open the door to let them out and open the door to let them back in. I said i drive but only on good days i only live 10 minutes from town i occasionally go pay a bill [ drive thru] she said i have no problem driving. Im 44 worked from the age of 14 i have only had 2 jobs im reliable never a bad evaluation at any job. The pain has just got to be to much. Id rather be working and i only have a 10th grade education. The system is so messed up!! I know of kids with ADHD at the age of 18 and are on disability no problem i work my whole life and still would be if i could. Somthing needs to change

[@amparohernandez7506]

John coffman the judge denied me too! She wrote alot of things on my paper saying I drive n I go shopping wthout anyone thts a lie! And wht gets me is how do they know how our pain is day after day I'm like really! It's bull crap they act like I want to just a check SMH I have worked all my life n it's our money why can't we get back bcuz of our health issues. Judge's act like they are paying us out of thier dam pocket SMH

[@johnboy9769]

@@amparohernandez7506 yep its a shame if you get a judge that is having a bad day or think they know more than a dr about a impairment. Its dumb i wish they would use lie detectors. It would save so much money and time cause the mouth can lie but the brain can't.

[@hydrangeaism]

ProSe all the way. By definition- yes, seemingly all by myself. Alone? No. I had my own personal Jonathan Ginsberg on my left shoulder (intro music forever emblazoned on my mind) to carry me through. I had his vicarious support; as my own 'secret' mentor and advocate with me over a 4-year process. Thanks to you, Sir Esquire, I am part of the exclusive 2.5% Club with final outcomes of A.P. remand and further appeal to onset date still pending- to my benefit. ALL because of your easy to comprehend videos and clear explanations of the system's otherwise confusing structure, for the people; given freely. ProSe couldn't have happened without your guidance. I hope you'll know how grateful I am for your help in these years of anguish, shame-filled poverty ("living in the basement of your mother's house, sleeping on the sofa couch from 1979" loses its nostalgia when it's the reality for years)! Just- thank you. You share your professional knowledge and experience to countless people who are hurting on many levels. You're a Saint in my book.

[@luisbracero7198]

I was denied at the ALJ level. I will appeal the decision at the Appeals Council. The ALJ did not look at all medical evidence and disregard comments of VE who declared after all the limitations and absentism that there is no jobs at the National Economy. Also disregarded two disability questionnaires filled by two VA physicians.

[@msblaquecherry]

Luis bracero Did u appeal? And how did it go?

[@kevin20044]

I understand none of my disability stuff. I had a hearing and was denied and he said that none of stuff met the severe level but they said their was secondary work but I cant sit or stand for periods of time. The judge was stuck on that I had worked in 08 at a full time job. Its 2019 that's a big gap. My depression and anxiety have gone threw the roof and I've self hurting thoughts. I'm a slow learner and find it hard to understand directions. I dont know who to turn to cause noone can explain things to where I can understand it

[@markstench4470]

Wow as always great information, Thank you Counselor, Thank you for educating the masses.

[@sralive]

I'm a paralegal in Detroit, MI. Most of the work I have done is in the SSI/SSD field. Love your videos, they have helped to me to have a better understanding of the system and have been very valuable when writing both Disability and Appeals Council briefs. Thanks for all the wonderful information.

[@ssdattorney]

My pleasure - glad you find them helpful.

[@devilleelliott5127]

Can u add more evidence too your SSI appeal decision while you're waiting on a decision?

[@rogerlaflower4750]

mines currently at the appeals council stage, i have bi-lateral menieres, ddd of entire spine, both cervial and lumbar spinal stenosis with buldging disks in both enchroching the spinal cord, tremors, and tendonsos of both shoulders. the left side of lumbar is worse off i have to use a cane to walk distances over 200+ ft due to left leg pain and numbness. but i was denied at my hearing, it didnt seem like the judge gave much weight to records or paid much attn to them tbh. he said my hearing is getting better , i just got new hearing aids in nov for both ears , it got worse, left ear -85to -105 db, right -65 to -85db across range.. judge said i drive daily to and from dr's and to do whatever. actually i dont, i surrendered my drivers licence in april of 2017, 9 months before my hearing, i havent drove a vehicle in 4 yrs and when he asked me that i told him that and i dont have a drivers license. he also says that even though the imaging shows theres problems with my spine i shoulent be in any pain whatsoever, if thats the case then why does my neursurgeon want to do a neurostimular implant for chronic pain. i wear a battery power tens unit on avg of 4-6 hrs a day since i do not want to do the opiate pk path.. i wont count my chickens before they hatch but i atleast hope i might be 1 of the lucky 10%. and if i get denied again, i tbh dont know what i will do , my surgeon says evently ill need rods pins and screws from t-11 to s-1 on lumbar and the neck i know hes wanting to do surgery but back has taking priority, i guess just let it run its course.

[@rogerlaflower4750]

just a update to my case I lost my appeals council appeal, and the lawyer my lawyer put me in touch with and a few other don't want to take it to federal level either so I guess im done on mine. my lawyer already sent me a letter saying they've closed the case. I find it amazing with all the med evidence, mri's , hearing tests. and everything else and even the proof from dmv showing I do not have a drivers license I lost anyways ( the dl proof is because judge put in decision I drive daily). just had a cervical mri done just before I received decision from appeals council , but I know they didn't see it being it was after the fact but it looks like more problems have set in like scoliosis and 1 of the vertebrae's themself's might have a piece broke off it , unless its a defect, find out soon when I see dr. but tbh I don't know if I will bother to refile now, ive lost my ssdi now, been to long since I worked last so my last date insured is way pay past gone. all I would get is ssi, soo I might as well just go back to work in pain and suffer everyday and get a real paycheck. I know of only 1 person who has gotten there ssdi/ssi on the last 5 yrs and that's only because they had less then 2 yrs to live.

[@kellyyork3898]

Soooo, what are the chances that the same judge will reverse his decision do you win this time? Or will the judge just “use a different analysis to arrive at a similar conclusion??? It’s going on 7 years for me...already been to federal court.

[@ssdattorney]

It depends on the judge. My experience has been that most judges don't take an AC remand personally and they will follow the direction of the AC in a new hearing. Further, since the AC doesn't remand a ton of cases there is something of a message that is being sent to the hearing judge. Personally I don't know why a second hearing should be with the original judge but this is how SSA does it.

[@sweetlinda1831]

I wish I had a Attorney like you

[@audraeden8923]

What a great review. Attorney is straightfoward with easy to understand information. Everybody wins when we understand how things work. Alot of heartache is avoided…….thank you !

[@ssdattorney]

Audra, thanks for the kind words. Also check out my podcast at ssdradio.com

[@samfragale1632]

your videos are done very well and are very informative. I hav just concluded with my second ALJ judgement and I appealed because of they first judge mis reading my work time before my case started. Needless to say I went thru the process and it took over 5 years to finally get a judge to re evaluate the decision of the first ALJ. I am thankfully finally getting the benefits with 5 years back pay> I was fortunate to have a knowledgable lawyer and he explained many things to me that helped my case. I would recomend to anyone to get a lawyer right from the start and dont try to do it yourself. I can tell you from listening to your videos that you have the experience and knowledge of a great lawyer so I would like to tell anyone reading this that Mr. Ginsberg would be a very good choice for a lawyer

[@ssdattorney]

Thanks for the thoughtful comment, Sam.

[@Dris899]

At my hearing the vocational expert said he could not find any jobs i could be expected to do but the judge still denied my claim. Is that considered an error ion his part and if so how compelling is that on my next levels of apeal?

[@playboymaxim]

LMAO I wish I had heard about you 5 years ago when i started my claim!

[@ssdattorney]

Better late than never!

[@kristysokoloski9089]

The Judge that heard my case in 2017 made an error with my case so I appealed my case to the AC and I included notes from a Podiatrist as well as a Functional Capacity Exam and the AC did not pay attention to that information. Additionally, due to a situation I had back then I had to speed up the process for both the actual Hearing and the AC. The AC got back to me in 6 months.

[@rsewell]

I have been denied three times and have no work credits if I do not appeal to the council. I have CRPS; three herniated discs in my neck with cord compression; and a herniated disc in L4-l5. My pain is constant and I am close to just calling it quits. I cannot get any help. No one understands this disease and tend to minimize your symptoms. A ten on my pain scale can be totally different from a doctor who is on the frontlines of war. They are incomparable but not less than. I cannot get anyone to understand. I have so much anxiety and depression because I cant work. I have Pain constantly running through my body, but people look at me and say oh, you look normal so why should we think youre not. I feel like Im constanty being judged for a condition I have no control of. I dont know what to do next.

[@alvinpayne425]

Mr Ginsberg could you make a video about if you had to go through federal district court if you get denied for an appeal?

[@ssdattorney]

Alvin, I am interviewing an appellate attorney - Karl Osterhout - today for my podcast. I'll release the episode after I edit it. The podcast home page is www.ssdradio.com and the iTunes link is bit.ly/ssdpodcast.

[@tanyaholmberg1335]

Alvin Payne yea like is it worth it

[@rogershackleford1317]

Hey Mr. Ginsberg, I have watched at least 20 of your SSA hearing videos. Thanks for the really informative videos. I had my SSA hearing on October 17, 2019. I am a retired Social Security employee. I retired under the Office of Personnel Management (OPM) disability and 100 percent disabled veteran. The judge actually went at me from the jump. Asking crazy questions about my old union activities. He asked me was I involved in any civil litigations which I am not. He mentions that I see that you were an SSA vocational expert and quality review employee. My attorney felt that the judge was being unfair. I ask my attorney before the hearing if the judge is going to treat me the same way as others. I have had two surgeries on the right elbow and two on the left which affects my hands. I have severe fibromyalgia, restless leg syndrome, anxiety, PTSD and depression. NO decision yet. The judge kept my case open for three weeks. He wanted a copy of my OPM disability decision letter and my VA rating decision. OPM found me disabled to all my impairments. Mr. Ginsberg, what do you think about the judge's questions?

[@mikaelstradwick]

Anyone have schizophrenia? Waiting on my hearing appointment and we are going to do it on video conference, I suffer from multiple things and hoping I don’t get denied because if I do I don’t know what I’m gonna do. Just taking precautions

[@CanYouHearMeNow929]

How do I find an appeals lawyer? I'm not even really sure why I was denied. There are so many things on there and I was told by the last people who represented me just to put the decision away and not to look at it again because I won't find anything that I will like on them. Among all the other problems I have, while waiting for my hearing last year in Sept. I was in a car accident and I broke my hip socket in two places. It was inoperable and now I am waiting for it to completely heal so I can have hip replacement surgery later this year. I have also been told that arthritis is an issue with that hip as well. When I brought up the hip during the hearing....the judge said. "Oh, well, that will heal. Problem is that the issue I was having before was the inability to extend my upper torso due to a prescription medication I took that messed up my psychomotor skills. I don't think she realized the injury is as bad as it is. What should I do? Please help. I tried to hire you at the beginning but was referred to someone else.

[@bn8307]

Wow..... what timing. I just received unfavorable on Saturday

[@ssdattorney]

Brian, I would talk to your lawyer about appealing to the AC vs. starting over.

[@marigardner270]

J.G. is an amazing individual... giving of his expertise at no cost to the general public!

[@Lilcisco87]

Brian N OMG my letter said the same thing!

[@Lilcisco87]

Social Security Disability videos I was born with scoliosis I have rods in my back and a pin in my hip. November will make it 5 years. And they say my case is in Pending. How do I find out if my case will be over soon?

[@hydrangeaism]

I happened upon my own commentary from a year ago! Same but more; in that J.G.'s giving freely of his clearly honest expertise has been beneficial to more people than even he can fathom. A true mentor- a Saint, Esq. Thank you Jonathan G.!

[@ZteveW]

I have a problem with my knee. The ALJ denied me citing that my doctor's diagnosis was not a listed disability in the Blue Book. I learned later that my problem WAS listed in the Blue Book as "Major dysfunction of a joint due to any cause". It just wasn't worded that way in my claim. I seems like I was denied over the semantics of a disability diagnosis. Will things like that be considered at the Federal appeals hearing? Is that the type of error of applying the law considered by Federal court of appeals? Will the Federal court of appeals hear the audio from my ALJ hearing?

[@peytoncannon9032]

This is where I’m at now. I’m just waiting for the decision. I’ve had been receiving benefits based on my learning disability and Neurofibromatosis type 1.

[@Veevslav1]

Been on SSDI for 12 years now. At the start of COVID they began my first review process. My medical records did not come into the system properly because of a change in records keeping at the medical facility. I did not find out until the first hearing, again due to COVID making a mess. I realized they were missing and quickly obtained all the records. SSA had ordered an RFC from their rubber stampers and kicked off a mess. Instead of continuing to look at each level as a MI they have been treating it like a brand new case. Right down to the ALJ throwing out medical recommendations re-recommended by my PCP because the PCP was a family practitioner and not a "specialist". Their stamper was a geriatrician. My FCE from 12 years ago and the one I obtained for this are almost identical with some major decreases in function in certain areas of walking and endurance. ALJ penalized me for continuing the exercises that the physical therapist told me to continue doing at home. Questioned why I had not obtained surgeries to fix my medical conditions and basically called me unreliable because I had not done more to pursue recovery in that time. Genetic disorder EDS with failed back surgery syndrome and a few other things thrown in. My Dr. changed just before this happened as well because he was having affair with his nurse so the first medical appointment with the new Dr was over camera but he had my records in his system and thus did not have to re-diagnose EDS since it was already in file. He also threw out my diagnosis of IBS since there was not an objective test to diagnose it used. IBS is not diagnosed by any test but a medical record history check with stated medical evidence. My question, if this goes to a civil suit and I can find an attorney to represent me or not, am I entitled to sue the ALJ and appeals council for damages in a separate case assuming I win the continuation of SSDI? I would seek legal fees plus punitive damages.

[@TheCoonsFamily]

I'm so confused. How do we know if the judge used the right analysis? We are 17 months into this process and our ALJ denied our appeal. The lawyer did not push back against the vocational specialist in the hearing - much to our surprise. My husband is 100% P&T VA, 60% Army, with a severe TBI, PTSD, DDD, severe foot issues, complete ankle rebuilding - ect. Our documentation was excessive. We do not know how to go forward. We received our decision yesterday.

[@Letsgetreal65]

What if my treating provider completed a residual capacity report stating I am unable to sit for so long stand for so long and Walk and Walk for so long. But the hearing doctor's testimony totally did not consider all that was on the residual capacity from my provider? I am planning to appeal to the appeals court. As their decision has all my facts mixed up. Tell me what you think thank you

[@deannaelliott2004]

Thanks so much for you videos. Oh how I wish I had found you a few years back before I retained a firm that has been fiasco. I have been now assigned to my third attorney. My case is at ssi appeals level now since September of 2019. My question is how do I know if everything is ok and just waiting my turn.? I saw you were going to possibly add a pod cast on that and what to do if you need to appeal to federal court? Can you point me in the right direction so I might view that information. Again thanks for all you do.

[@deneenskinner6831]

Mr. Ginsberg I really enjoy your videos, I am 56 years old and been disability for 11 years. My problems with Major/Clinical depression are worse having more anxiety attacks and panic attacks as well. I have e some stomach problems and a lot of other problems. I sent social security lists of things, did I do the wrong thing. I feel that I might be denied. If I do get denied from this disability review, what should I do ?

[@Lynn-cp6be]

What about if the ALJ did not take into consideration medications the person is on and side effects of such? Example if the medication your on could impair driving to work (DUI) or operating machinery. Is that cause for a remand?

[@lindafarmer1993]

I have this question: what if believe you have not receive ALL your back pay for SSDI❓ I receive my 1099- form and the amount that they say I was paid does NOT come to the amount I was Awarded. i have ask my LOCAL SS office they don't seem to see what I'm talking about. By my calculation I'm missing $5,294.00👀 Please if you would give me your view.

[@amparohernandez7506]

Sir my appeal is already in the AC hands my lawyer called me said that I would that it's a good sign What do you think? Is it good sign? I'm going on a year I went to court on October 25 2018 and got denied should I be worried?

[@valeriehamme8893]

Hello. Is it even worth asking my chiropractor to write a letter for me? I see him just about every other week for pain relief for Fibromyalgia. I have a hearing soon bc I'm appealing a termination of benefits for my Crohn's disease after 12 years. I also now have Hypothyroidism as well. Chronic PTSD. CT scan shows stricture / scarring where I've had bowel resection and ever since....no medicine helps my chronic diarrhea....if stools are formed by antidiarrhea meds then I have extreme pain as they pass through the area of stricture/scarring......no one seems to understand this concept. I'm 51 now and only completed 10 the grade but I attended some night classes for dental assistant and worked in that field for many years but I no longer have certificates for x-ray, etc and now all these years later you can't get hired without completing a course and they don't let you take a course without a high school diploma. I also worked as a floral designer but I cannot stand all day as required. I would need to have to be able to access to a restroom at any given time. So, I'm wondering how this is going to go bc I guess that I have some semi skilled work history but it's been so long since I've worked that all is out dated and dental certificates are expired. Also I live in a very small town, is that taken into consideration? Are the grid rules considered by a DHO at my hearing? Or is that only for the ALJ? Thank you.

[@ssdattorney]

Valerie, SSA does not consider chiropractors to be "acceptable medical sources" so while a letter from your chiro won't hurt, it probably won't help much either. Re the work question, the issue in an SSD case is whether you could work a simple, entry-level job. It does not matter that you are not trained or interested in that job, or that you could not survive on a minimum wage job, or even that such a job does not exist in your town. If a job did exist, could you perform it? The grid rules apply to DDS as well as to judges at hearings.

[@williamcarlisle5772]

I like this lawyer

[@LFCOM59]

Hi Sir. Very important and very interesting inf. At this time I have my lawyer making the appel to the Conselor the adverse desicion. The appel was made electronically on jan. In the appel my lawyer stay the ALJ dosen't take the advise of 2 doctors in my hearing. So the doctors agree that I am disable. The ALJ base his deternination that I can work because he consider the recommendation by separed. In your expirience the appel could take 1 to 2 yrs long. In 2 yrs I will have 62 yrs.

[@Lissa5628]

Hi Mr Ginsberg I got denied by the judge. I have PTSD, social phobia and clinical depression. During the hearing most of the time I was disassociating. So I was there physically but my mind wasn't. It impacted what I was saying. My question is now going forward, with the appeals concil is there a way to let them know I was disassociating during the hearing or it doesn't matter anymore?

[@Jessica-jz9fb]

Your videos help me! I'm at for my case it's at adjudicator. I thought the judge was going to approve my case. So I'll see what happens.

[@ssdattorney]

Don't be surprised if you lose at the state agency level. State Agency adjudicators are looking for a listing level (or a grid rule) case but judges will look at your entire functional capacity limitations.

[@christinasmith634]

Thank you for all of your great videos. I received an unfavorable decision at my hearing and have appealed (through my attorneys). My question is, I’m going to be moving (to a different state) and was wondering how the process works for that.

[@ssdattorney]

You can either keep your case based at your original location or have it transferred to the new location.

[@noreenberwanger8284]

Thanks for the videos. I've been receiving SSDI for about 5 years. I applied for widows benefits, denial. Appealed, went to hearing, Denise again. Vocational expert said " no jobs". I think I have strong medical evidence. The very first time I applied, the alj made a decision right there. I have more conditions/ problems then I did years ago. I will be 51 in May. Thanks. How can I get them to approve? I meet listings, yes more than one and grid rules.

[@lopezcora]

I have one good eye and have PTSD..depression..etc .i haven't followed through on psych meds..for more than a week..then I stop taking it for various reasons..i do have 1 good eye..i was wondering what was said about " something as blatant as being blind in 1 eye" etc..when filing an appeal .. And what is usually accepted. Or not accepted by the counsel..thanks

[@masonamaitiswritten5305]

@Jonathan Ginsberg if you file an appeal and it takes two years before getting a reversed decision will Social Security pay for when a person first filed up until the case Is granted?

[@ssdattorney]

Yes.

[@masonamaitiswritten5305]

Social Security Disability videos thanks!

[@shiecahampton9524]

Hi I got denied from the alj. I appealed and the ac vacated and remanded the alj decision under the substantial evidence provision of ssa regulations. My orthopedic surgeon said I need 2 knee replacements bone on bone both my knees, lumbar spine and morbid obesity are severe which the alj agreed. And my rfc said I can walk for 30 mins with at least a 20 min break before standing/walking again for a total of 4 hrs of a 8 hr workday. I also have type 2 diabetes , high blood pressure. The ve said there were 2 jobs i could do. Then when my lawyer questioned her she said there were no jobs.What do you think my chances are ? Thank you.

[@TheTigger7019]

Mr Ginsberg, do you ever find that it irritates or embarrasses the Judge it is sent back to and that affects his/her ruling once it is sent back to them?

[@ssdattorney]

Good question, Shane. No I have not found that judges hold it against claimants if they are successful in an appeal. Judges understand that this is your life and you are doing everything you can to improve your circumstances.

[@TheTigger7019]

Thanks]

[@classychristine57]

Always learn from your videos in this strange situation. My case has been strange so far. My question is how does the appeals council evaluate it when new evidence is presented after the hearing is over. Also the judge considered a supplemental hearing. But it never happened. Would the appeals council add the new evidence? I hope I am asking this the right way. Thanks for all the information.

[@thomasrehder9608]

Nope I added new evidence they still denied me

[@spreadpositivity1362]

What about if the judge doesn't factor in multiple medication changes due to my ongoing stomach issues (IBS/Diverticulitis)? I also have a lot more physical and mental issues. He noted that there was no "significant changes in medication" which is false. Also, i don't believe he took my side effects seriously. (Stomach issues and Dizziness).

[@waynecook1004]

Mr Ginsberg Ive been watching you videos for some time now and they have been a Huge help I just got approved in decemebr for SSDI with a onset date only 6 months prior which is good at least to have my monthy checks started but im appealing the onset date since I filed over 3 years ago now my question is about how long does it take to get an answer on my onset date appeal thank you for all your videos

[@ssdattorney]

Wayne, the AC can take up to 2 years before they issue a decision.

[@waynecook1004]

thank you sir for the fast reply like I said at least I have my monthly checks started and I did get the one month back pay I just hope I get approved for more back pay My Lawyer is working hard for me and I really do want him to get paid more then just his part of 1 month and I figure if he didnt think we had a good chance of winning we wouldnt wastes any more time on an appeal

[@lovingivyfarm4931]

My latest hearing I got denied basically because there was missing current information

[@judahseven9214]

Thank you sir!

[@dantemikey]

Hi Jonathan,I had my hearing on Florida October 15 and still havnt heard anything and didn’t receive the letter.Is this a bad sign?

[@Aeo790]

SSD can a remanded case be won with an OTR

[@peggykirby2377]

I have four herniated disc and one one leaking, plus serval other physical issues. I was denied and they lost my case in paperwork. Fast forward four years and contact me with a appeal over the phone. The lawyer fired me after I lost because I couldn't get a doctor to back me up. I still cant get my doctors to fill out paperwork. It's a disgusting process.

[@pennysheets2938]

There was a letter in my file from one of my doctors stating my physical problems and what they did to me and that I couldn’t work because of them and it is a lifelong disease . The letter wasn’t mentioned in my denial . My doctor is now writing another letter to send to the appeals council . I am also planning on sending a letter to the appeals council about weight not being given to my physicians but only to their doctors that were less than favorable. He didn’t even give weight to one of their physicians who was favorable to me . He also didn’t seem to use the grid rules . Will sending these letters be helpful to my case ?

[@rahrah5268]

What if I won and I still dont get my social security back pay I broke my neck at work at the age 32 and now I'm 39 I'm 95% disabled and I filed for a appeal with the counsel for my back pay

[@johnnyjoevazquez]

You described my situation exactly im at the civil lawsuit level i have thirty days!!!

[@mechanicalmonkey7777]

How to appeal the amount being given after fully favorable decision by judge at hearing.. had interview and they messed up my living arrangements and doxed me 300$ a month based on absolute lies and made up criteria .. the interview went great I had everything I needed to prove my living situation but numbers were entered wrong and they recorded 0$ a month in bills I have to meet...my don’t know how the heck these people keep their jobs completely lying and botching things.. I don’t want to reopen my whole case just the later after the judges decision part where you have an interview on living situation which decides monthly benefits ... thank you

[@lennypayne5990]

The vocational expert says no jobs the judge still denied me. On the decision he said she said I can go back to work. But me and my lawyer know she said no jobs after my testimony.

[@ZteveW]

I've had my hearing and it was denied; my attorney appealed it and that was also denied. My attorney does not represent people at the Federal level. Do you represent people at the Federal Level? Should I begin a new application for SSDI all over again?

[@deneenskinner6831]

I have a disability review going on, and if I get denied what should I do?is it a good idea to set up an account with ssa?

[@MrAvidOutdoorsman]

This is where im at , i have 8 per trudging bulging herniated discs etc. retro thesis, along with many other issues. Ive been fighting this for 4 yrs. my judge was very bias towards my case. Not taking everything into consideration.

[@Blu-Man]

Very informative presentation like always when your 3 and 5 year medical review long form or short form how to win video come it will help

[@natb3626]

My judge did not take into consideration my nerve conduction study showing neuropathy in all 4 limbs, nor did he take into consideration my functional test stating concluding info of disabled..... I have substantial evidence and my entire team of drs have always supported this from physiatry, rheumatology, Dermatology, neurology, psychiatry, pcp ect.. You understand.... So to the appeals counsel we go...🙏

[@natb3626]

In addition in both hearings the employment persons from state stated there are no jobs bc I am an employment liability 🤔

[@peachy_ducky1017]

I sure enjoy this video. I thought for sure the judge was going to approve my case was denied hearing level. I didn't finish high school due to learning disabilities I have mental health and physical health issues. Listings of multiple impairments. See what happens...

[@tanyi003]

Would it be possible to win an appeal before going to the hearing with more evidence?

[@christinasiler5592]

The appeal takes ANOTHER 2 years?

[@johnsail2000]

Hi Mr Ginsburg, Realy like your videos, very informative.. I was wondering if you got a chance to look at my question I posted a day ago,about when my next review is or where I could find out ?

[@kevinrosson4755]

I did the appeals council and federal court still lost. I would start over before I appealed again. Spina bifida issues.

[@darrenfarrell8316]

how much does it cost to send your case to federal court applied 3 times been denied every time even at the appeals level i have depression and anxiety and copd

[@barrywooods]

Did the judge use the wrong analysis oh my case I got shot in the back she left out my ability to be off task throughout the day and not being able to constantly reach and her hypothetical questions leaving the vocational expert witness to say that I can be a router a bench assembler in a assembler electrical accessories I was denied at the hearing should I appeal are start over should I keep my lawyer or should I appeal by myself

[@barrywooods]

She chose the three jobs that. Vocational expert said I can do that was in the Social Security medical book for light-duty jobs but the light duty jobs doesn't fit need to do well with my medical condition she chose the answers that he gave that match in the medical book instead of evaluating my medical condition to see if I could do those job is really

[@tommyt3422]

the alj approved me 11-20-19, but his decision is being reviewed by appeals council. is it likely they will overturn the alj approval decision???

[@carlscroggs1278]

What did u find out?

[@robert2002bmw]

Mr Ginsberg is it normal for the judge to lie about certain things when they deny your claim? He wrote things in his decision that I never said or even heard of until I read it. Not to mention one of my doctors lied also about offering to treat me even if I didn't have insurance. My wife was with me at every appointment and I was never told that. Again I hadn't heard about that until the judge ruled against me.

[@ssdattorney]

Robert, I would not characterize statements in your decision as "lies." Understand that when judges hear cases, they make notes then send out the file for a written decision by a decision writer in another state. The decision writer was obviously not at the hearing and may assume or misstate items from your record. If these misstatements are material, then you would have grounds for appeal.

[@robert2002bmw]

@@ssdattorney thanks for your time.

[@masonamaitiswritten5305]

If I send in my review for consideration form HA-520; do I wait for a reply from the appeals Council or go ahead and send in disability report-appeal, request for reconsideration, and Authorization to disclose information form and evidence?

[@ssdattorney]

If you have filed an appeal to the Appeals Council, SSA will not let you start a new application. YOu have to choose one or the other.

[@masonamaitiswritten5305]

Social Security Disability videos sorry I did not state my question correctly. What is the next step after sending in a request for reconsideration I should have asked. Thanks for the reply. I contacted my local Social Security office and she said they will scan all information to the appeals councils. But is it true that they now allow a person to file another claim while waiting on an appeal on another case. This was said by an attorney that was on another KZbin video.

[@rachelbuntyn1834]

What percentage of remanded cases are won?

[@michellewoods7299]

Very low :(

[@LynneDemonQueen1]

Thank you so much for this video. It has raised my hopes that the appeals council will reverse the judge's denial in my case. The judges decision letter itself contradicts itself and the medical records and ALL medical records and documentation was not considered. All 4 of my limbs are documented with moderate to severe limitations, and judge only focused on one limb totally ignoring the fact it is a total flail limb saying the only limitation of that limb was to overhead reaching. I pray the appeals council will see all this and reverse.

[@ssdattorney]

I usually refer my AC work to one of my colleagues who focuses on appeals (whereas I focus more in ALJ hearing work). We have had decent results getting reversals - I just got a favorable decision this week on a case that was denied, we appealed and won at the 2nd hearing with a different judge. So it can happen.

[@LynneDemonQueen1]

@@ssdattorney ~ it was my understanding that if the AC remands the case it will go directly back to the same judge. The judge I was in front of has the lowest approval rate in my state and seemed the type to get angry if a case gets remanded back to him

[@michellewoods7299]

@@LynneDemonQueen1 Omg, that's horrible :( Im so sorry. Any changes??

[@noreenberwanger8284]

Do I just write letter to alj mentioning listings and grid rules?

[@khdrummer1]

Thanks for this video... I am currently waiting on my appeal now... I was denied SSD after a job related injury as a police officer in resulting in (3) knee surgeries and a future knee replacement.. The judge said that I can still work even with pain and swelling.. I know ppl in there 20's with a minor knee surgery winning but im denied... Im praying that my appeal comes back in my favor...

[@lisahouk7776]

thank you for the information. im beginning my reconsideration process. my attorneys sending papers for me.

[@ssdattorney]

You are welcome and good luck to you with your case, Lisa.

[@lisahouk7776]

@@ssdattorney thank you!

[@peytoncannon9032]

Can you do a video on what if the judge never heard of a genetic disorder like Neurofibromatosis type 1.

[@ssdattorney]

Yes, I'll add that topic to my list.

[@TheMofobuss]

They just denied my hearing and the info was false ie saying i could walk 6 oit of 8 hours and or sit 6 out of 8 houts shich was false among other things...also my disability is mental and my psychiatrist had my 20k in student loans forgiven to disability amd never being able to obtain gainful employment...i need help and my attorney advised me to be calm when thags not my natural state and focused which is not my natural state and the hearing used that against me ...if i cant get disability i lose insurance which willlead me back to hospice again because ill just drink myself to death...its also like they wanted me to say od act like i was suicidal or homicidal and that just gets you locked up....all during covid...please help

[@barbaramiprince5724]

Hello sir,,My Name is Barbara Prince I'm in Richmond va, in need of a lawyer, a very good lawyer,can you please help me with that.,so much has been happening,,I also just Received an unfavorable decision,,a bad hand dealt by the judge because I had no attorney,I tried looking for one twice,.so much has happened .Thank you

[@michelleadams9365]

Hello my name is Michelle Adams and I got denied the appeal with you I was wondering if you could help me get a new lawyer and see where I go from here I have anchylosis spondylitis I have been under doctors care since 2011

[@ssdattorney]

Michelle, send me the details here and I'll see what I can do. www.4socialsecuritydisability.com/free-claim-review/

[@michellecorbin5986]

i had my hearing dec 4th and have remand hearing in may

[@tinabeck4876]

What happens if the judge u had quit no longer is a judge what do they do then

[@ssdattorney]

Your case would be assigned to a different ALJ in the hearing office.

[@12djjosh]

I keep getting denied it’s been about 4 times

[@corlisias]

Hello, I have appealed 4 times to the appeals counsel and each time my case was sent back to the judge.....one time it was sent back to the same judge but the other times it was sent back to a different judge. Currently it’s in front of a judge requesting a decision based on the evidence in the file. This is what I have requested each time. I have never been to a physical hearing. Is it better to actually go to a hearing or request a on the record decision? I have been doing this since 2011. Am I required to sign another release of information or can I provide all of my medical records to the judge myself?

[@wllhumm]

I received a Unfavorable Decision on 9/17/2019, However based on the information that was provided, I can almost see why he came to that decision. My Attorney failed to submit all documents including but not limited to my RFR that I provided to my Rep. for my case. I found this out after carefully reading the decision, however my suspension arose prior to the decision when my attorney tried to submit additional evidence during the hearing. I have sent a request for a review, based on the ALJ did not have all the evidence that I sent to my representative, and some of the evidence that was submitted was incorrect and incomplete. And also have evidence that can prove some of the ALJ comments about my disabilities are not correct. I just don't feel , in fact I know I was not given a fair trail. The trail consisted of the ALJ asking questions and me answering then. And I also should mention that fact that the ALJ was, Judge Daniel Balutis. Aside from that, I need help! What advice would you have for me, or could you represent me or know of a component attorney that will or at least how to write up what i have told you in a legal format? I live in the Virginia Beach/Norfolk area of VA. I can be reached at [e-mail].

[@slimefinesse4617]

What if judge finds doctors not believable

[@bzscck4496]

all talking for young people who under 70 years old

[@UnknownUser-bj3or]

Everyone on here is asking for tips on how to commit fraud.